When your China trademark is infringed, you have several enforcement options. The right choice depends on the severity of infringement and your objectives.
Administrative Enforcement (Market Supervision Bureau)
Fast and cost-effective. File a complaint with the local Market Supervision Bureau, which can raid premises, seize infringing goods, and impose fines. Best for clear-cut cases with physical goods.
Civil Litigation (Court)
File a trademark infringement lawsuit in Chinese court. Potential remedies include injunctions, damages (actual losses or infringer’s profits), and legal costs. Higher potential compensation but longer timeline (6-12 months).
Customs Protection
Record your trademark with China Customs to prevent import/export of infringing goods. Customs can detain suspected counterfeit goods entering or leaving China.
Criminal Prosecution
For severe infringement exceeding certain thresholds, criminal prosecution is possible, leading to fines and imprisonment.
